Wednesday, 22 Jun 2016

Written Replies Nos. 58 to 67

Refugee Resettlement Programme

Questions (58)

Bríd Smith

Question:

58. Deputy Bríd Smith asked the Tánaiste and Minister for Justice and Equality if Ireland has met its moral obligations to act in the refugee crisis in the Middle East and elsewhere, given that the figures for the number of refugees that Ireland has accepted are below the targets that the Government has set and that her Department has stated that it has not as yet decided on a mechanism to increase the numbers of refugees admitted; and if she will make a statement on the matter. [17150/16]

Written answers

Minister for Justice and Equality (Deputy Frances Fitzgerald)

Ireland has always lived up to its international humanitarian obligations and we remain fully committed to playing our part in addressing the migration crisis in the Middle East and elsewhere. In addition to accepting applications for refugee status from persons who are inside or at the frontiers of the State the Government agreed, in September 2015 to establish the Irish Refugee Protection Programme and to accept up to 4,000 persons overall under the EU Relocation and Resettlement programmes. This is made up of approximately 2,622 persons to be relocated to Ireland from other EU Member States (Italy and Greece) under the two EU Relocation Decisions which Ireland has opted-in to, and 520 programme refugees which Ireland pledged to resettle under the voluntary EU Resettlement Programme. The mechanism by which the balance of 858 persons will be admitted has yet to be decided. These numbers are expected to be further increased by family reunification.

To date a total of 273 programme refugees have been admitted from Lebanon with the balance of 247 expected to arrive by the end of September, also from Lebanon. As such, our commitment under the Resettlement programme will be realised in advance of the EU timeframe for implementation.

The pace of the Relocation programme across the EU has not progressed as fast as Member States has hoped with just 2,195 having been relocated overall across the participating EU Member States. This is largely due to operational issues in the setting up of the 'hotspot' locations in Italy and Greece, including the task of persuading migrants and asylum seekers to cooperate with the registration process - a prerequisite to entering the Relocation process.

The first group of persons relocated to Ireland from Greece, a Syrian family of ten, who arrived in January have been granted refugee status and are receiving our full support to assist them in their integration into Irish society. A further group of 31 Syrians are due to arrive this week and an additional 40 persons are provisionally scheduled to arrive towards the end of July.

A team of officials from my Department, including the Director of the Irish Refugee Protection programme, travelled to Greece last week to meet with the Greek authorities to see what more Ireland could do to help speed up the process. The outcome of that visit has been very positive and Greece has now committed, within the coming months to significantly increasing the numbers available to Ireland. This will greatly facilitate Ireland's efforts to meet our targets set by Government last September, within a reasonable timescale.

Prior to establishing the Irish Refugee Protection Programme, in 2014, Ireland introduced a Syrian Humanitarian Admission Programme (SHAP). The SHAP offered naturalised Irish citizens of Syrian birth and Syrian nationals already legally resident in Ireland an opportunity to make an application for vulnerable close family members to join them in Ireland for up to two years under a sponsorship programme. 119 beneficiaries were granted admission under the programme.

Garda Deployment

Questions (59)

Robert Troy

Question:

59. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality the number of Garda stations and the number of gardaí in each in County Westmeath on 30 April 2011 and on 30 April 2016; and if she will make a statement on the matter. [17091/16]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review taking into account crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

I have been informed by the Garda Commissioner, in summary, that there were 17 stations on 30 April 2011 with 262 members assigned to the Westmeath Division. On 30 April 2016 there were 13 stations in the Westmeath Division with 245 Gardaí assigned to the Division. As the Deputy will understand, there is a significant amount of information available down to station / sub-district level which he has requested. For ease of reference I have provided a breakdown of the detailed information requested for the record.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. Key to achieving this goal is the commitment in the Programme for Government, "A Programme for a Partnership Government" to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000.

As the Deputy will be aware, when the financial crisis hit, the Government of the time introduced a moratorium on recruitment and the four year National Recovery Plan, published in 2010, envisaged a steady reduction in Garda numbers. Thankfully, in a recovering economy, we were able to reopen the Garda College in September 2014, and a total of 700 Garda trainees have been recruited with a further 450 planned to be recruited during the remainder of this year. So far 463 of the new Garda trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide. Another 76 will attest on the 7 July with 150 more to attest in November. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí and that 6 newly attested Gardaí have been assigned to the Westmeath Garda Division to date.

Taking account of projected retirements, the current rate of recruitment will bring Garda numbers to around the 13,000 mark this year. We must, I believe, endeavour to make more rapid progress than this to reach our target of 15,000 and I am engaging with my colleague, the Minister for Public Expenditure and Reform, in relation to increasing the planned annual intake this year and in coming years.

My officials are also engaging with Garda management as a matter of priority in relation to the preparation of a recruitment plan for the next five years that will deliver increased numbers of Garda without compromising the quality of the training and supervision of new recruits.

Division of Westmeath 30 April 2016: Total = 245

Division	District	Station	Members
WESTMEATH	ATHLONE	ATHLONE	64
		BALLYMORE	1
		GLASSON	2
		KILBEGGAN	4
		MOATE	15
		ATHLONE Total	86
	MULLINGAR	BALLYNACARGY	2
		CASTLEPOLLARD	4
		DELVIN	9
		KILLUCAN	4
		KINNEGAD	5
		MULLINGAR	130
		MULTYFARNHAM	1
		ROCHFORTBRIDGE	4
		MULLINGAR Total	159

Division of Westmeath 30 April 2011: Total = 262

Division	District	Station	Members
		ATHLONE	68
		BALLINAHOWN	1
		BALLYMORE	1
		GLASSON	2
		KILBEGGAN	4
		MOATE	16
	ATHLONE	Total	92
		BALLYNACARGY	2
		CASTLEPOLLARD	4
		CASTLETOWN GEOGHEGAN	1
		DELVIN	15
		FINEA	1
		KILLUCAN	5
		KINNEGAD	6
		MULLINGAR	129
		MULTYFARNHAM	1
		RATHOWEN	1
		ROCHFORTBRIDGE	5
	MULLINGAR	Total	170
WESTMEATH

Prison Committals

Questions (60)

Éamon Ó Cuív

Question:

60. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality the number of persons in prison for the non-payment of debts or fines; and if she will make a statement on the matter. [17113/16]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Prison Service that the number of such persons held in prison for the non-payment of fines at any one time is a tiny fraction of the overall prisoner population. To illustrate this point, on 17 June 2016, 3 people or 0.08 percent out of a prison population of 3,795, in custody fell into this category. On the same date there was no person in prison for the non-payment of debts.

In terms of the Fines (Payments and Recovery) Act 2014 I can inform the Deputy that the Act was signed into law by the President on 16 April 2014. This legislation represents a very significant change in the way justice is administered by the courts. As well as introducing an option for persons to pay fines by instalment, there are also changes in the way those who fail to pay fines are dealt with, as the Act provides a range of options available to judges including recovery orders, attachment of earnings, community service and ultimately imprisonment. This system has been in operation since January 2016.

Crime Investigation

Questions (61)

Paul Murphy

Question:

61. Deputy Paul Murphy asked the Tánaiste and Minister for Justice and Equality if she has replied to a law firm (details supplied), regarding its concerns about the activities of a British detective in Ireland; if she will set up a public inquiry to investigate the matter; and if she will make a statement on the matter. [17131/16]

Written answers

Tánaiste and Minister for Justice and Equality

I wish to advise the Deputy that a response has issued to the correspondence referred to by him.

To the extent that and for so long as the person referred to by the Deputy was present in this jurisdiction, he would, naturally, have been subject to Irish law.

In respect of any allegations of criminal wrongdoing that may be made, any person who has any evidence of any criminal activity should make that information available to An Garda Síochána in order that it can be investigated.

Garda Deployment

Questions (62)

Charlie McConalogue

Question:

62. Deputy Charlie McConalogue asked the Tánaiste and Minister for Justice and Equality the number of Garda stations and the number of gardaí in each in County Donegal on 30 April 2011 and on 30 April 2016; and if she will make a statement on the matter. [17087/16]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review taking into account crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

I have been informed by the Garda Commissioner, in summary, that there were 42 stations on 30 April 2011 with 464 members assigned to the Donegal Garda Division. On 30 April 2016 there were 35 stations in the Donegal Garda Division with 387 Gardaí assigned to the Division. As the Deputy will understand, there is a significant amount of information available down to station / sub-district level which he has requested. For ease of reference I have provided a breakdown of the detailed information requested for the record.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. Key to achieving this goal is the commitment in the Programme for Government, "A Programme for a Partnership Government" to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000.

As the Deputy will be aware, when the financial crisis hit, the Government of the time introduced a moratorium on recruitment and the four year National Recovery Plan, published in 2010, envisaged a steady reduction in Garda numbers. Thankfully, in a recovering economy, we were able to reopen the Garda College in September 2014, and a total of 700 Garda trainees have been recruited with a further 450 planned to be recruited during the remainder of this year. So far 463 of the new Garda trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide. Another 76 will attest on the 7 July with 150 more to attest in November. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí and that 14 newly attested Gardaí have been assigned to the Donegal Garda Division to date.

Taking account of projected retirements, the current rate of recruitment will bring Garda numbers to around the 13,000 mark this year. We must, I believe, endeavour to make more rapid progress than this to reach our target of 15,000 and I am engaging with my colleague, the Minister for Public Expenditure and Reform, in relation to increasing the planned annual intake this year and in coming years.

My officials are also engaging with Garda management as a matter of priority in relation to the preparation of a recruitment plan for the next five years that will deliver increased numbers of Garda without compromising the quality of the training and supervision of new recruits.

Donegal Division 30 April 2016: Total = 387

Division	District	Stations	Members
DONEGAL	BALLYSHANNON	AN CHARRAIG	1
		ARD AN RÁTHA	2
		BALLINTRA	1
		BALLYSHANNON	38
		BUNDORAN	7
		DONEGAL TOWN	26
		MOUNTCHARLES	1
		NA CEALLA BEAGA	6
		NA GLEANNTA	13
		PETTIGO	1
		BALLYSHANNON Total	96
	BUNCRANA	BUNCRANA	47
		BURNFOOT	5
		CARNDONAGH	8
		CLONMANY	1
		MOVILLE	5
		MUFF	3
		BUNCRANA Total	69
	LETTERKENNY	BALLYBOFEY	26
		CARRIGANS	3
		CASTLEFIN	4
		CONVOY	2
		LETTERKENNY	102
		LIFFORD	14
		NEWTOWNCUNNINGHAM	2
		RAPHOE	2
		LETTERKENNY Total	155
	MILFORD	AN BUN BEAG	15
		AN CLOCHÁN LIATH	7
		AN CRAOSLACH	1
		AN FÁL CARRACH	7
		CARRAIG AIRT	2
		DÚN FIONNACHAID	2
		KERRYKEEL	2
		KILMACRENNAN	1
		MILFORD	27
		RAMELTON	2
		RATHMULLEN	1
		MILFORD Total	67

Donegal Division 30 April 2011: Total = 464

Division	District	Station	Members
		BALLINTRA	2
		BALLYSHANNON	46
		BUNDORAN	8
		DONEGAL TOWN	33
		MOUNTCHARLES	1
		NA CEALLA BEAGA	6
		PETTIGO	1
DONEGAL	BALLYSHANNON	Total	97
		BUNCRANA	55
		BURNFOOT	6
		CARNDONAGH	4
		CLONMANY	2
		MALIN	4
		MOVILLE	7
		MUFF	4
	BUNCRANA	Total	82
		ANNAGRY	1
		ARDARA	3
		BUNBEAG	12
		BURTONPORT	1
		CARRICK	2
		CLOUGHER	1
		DUNGLOE	7
		GLEANN CHOLMCILLE	1
		GLENTIES	27
	GLENTIES	Total	55
		BALLYBOFEY	25
		BROCACH	1
		CARRIGANS	5
		CASTLEFIN	4
		CONVOY	4
		LETTERKENNY	111
		LIFFORD	16
		NEWTOWNCUNNINGHAM	4
		RAPHOE	3
	LETTERKENNY	Total	173
		CARRIGART	3
		CHURCHILL	1
		CRAOSLOCH	1
		DUNFANAGHY	3
		FALCARRAGH	9
		KERRYKEEL	4
		KILMACRENNAN	2
		MILFORD	29
		RAMELTON	4
		RATHMULLEN	1
	MILFORD	Total	57

Legislative Programme

Questions (63)

Josepha Madigan

Question:

63. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality when she will publish the mediation Bill, given the benefits of mediation as an alternative to court; and if she will make a statement on the matter. [17136/16]

Written answers

Tánaiste and Minister for Justice and Equality

The position is that the Mediation Bill is currently being drafted in the Office of the Parliamentary Counsel. It will introduce an obligation on solicitors and barristers to advise any person intending to commence legal proceedings to give consideration to using mediation as an alternative means of resolving disputes. This requirement will not, or course, apply in domestic violence cases.

It is intended that the Bill will help to reduce recourse to the courts, as well as the costs and delays which may arise in the context of court proceedings. Moreover, parties wishing to commence legal proceedings in family law cases will be required to attend an information session which will provide more information on mediation options and the advantages associated with mediation as opposed to adversarial, and possibly protracted, court proceedings.

The Bill will also provide that a court may, following the commencement of any such proceedings, on its own initiative or at the request of a party to the proceedings, invite the parties to consider mediation as an alternative option and suspend the proceedings to facilitate that process. While work on drafting the Bill has progressed, I am not in a position at present to provide a publication date but my intention is to publish and proceed with its enactment as soon as possible .

Employment Rights

Questions (64)

Fiona O'Loughlin

Question:

64. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality her views on ending mandatory retirement; and if she will make a statement on the matter. [17098/16]

Written answers

Tánaiste and Minister for Justice and Equality

In my capacity as Minister for Justice and Equality, I have responsibility for equality legislation, which provides for retirement ages in line with the relevant EU Directive provision that differences of treatment on the grounds of age are permissible if, within the context of national law, they are objectively and reasonably justified by a legitimate aim including legitimate employment policy, labour market and vocational training objectives, and if the means of achieving that aim are appropriate and necessary.

I have no ministerial responsibility for retirement age issues generally either in the public sector (where mandatory retirement ages are a feature of public sector employment law) or the private sector (where there is no statutory retirement age). The Deputy will be interested to know that the Department of Public Expenditure and Reform is leading a cross-Departmental working group on Fuller Working Lives which is examining the full range of working life and retirement issues and which is expected to report shortly.

Paternity Leave Scheme

Questions (65)

Brendan Howlin

Question:

65. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality if she intends that the Bill to introduce two weeks of paid paternity leave will be a step along the road to introducing a year’s paid parental leave to be shared between mothers and fathers; the timetable for proposed further developments; and if she will make a statement on the matter. [17143/16]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy is aware, the Paternity Leave and Benefit Bill 2016 was published on Monday, and I look forward to the Bill's passage through the Oireachtas and the debate on its provisions. The additional steps required to implement the commitment in the Programme for Partnership Government to increase parental leave significantly in the first year of a child’s life will be taken forward by the relevant departments over the next five years, under the aegis of the Cabinet Committee on Social Policy.

Garda Misconduct Allegations

Questions (66)

Clare Daly

Question:

66. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality why she chose to initiate a statutory inquiry into the death of a person (details supplied) under section 42 of the Garda Síochána Act 2005 rather than under the Commissions of Investigation Act 2004. [17108/16]

Written answers

Tánaiste and Minister for Justice and Equality

The matter to which the Deputy refers has been the subject of a review carried out by counsel from the panel of the Independent Review Mechanism set up by the Government to consider complaints of Garda misconduct received by the Taoiseach and myself. The role of the Mechanism was to advise me as to what further action, if any it was appropriate for me to take in respect of each complaint. A panel of independent barristers carried out the review of each case.

Counsel were free to make any recommendation which they saw fit. In many cases counsel recommended no further action by me as Minister. In a number of cases they recommended that I request the Garda Síochana Ombudsman Commission to investigate some aspect of the complaints and, having considered those cases and the issues identified by counsel, I did request GSOC, in accordance with section 102 (5) of the Garda Síochána Act 2005, to carry out investigations. In other cases it was recommended that I seek a report from the Garda Commissioner and, again, having considered the issues, I sought such a report.

Finally, there were a small number of cases where counsel recommended that an inquiry be carried out into the matters raised in those cases. In no case did counsel recommend that a Commission of Investigation be established. In the case referred to in the Deputy's question, counsel recommended a non-statutory inquiry. I accepted this recommendation and informed the complainants accordingly. Subsequently, in consultation with the Attorney General on this and the other cases where an inquiry was recommended, I decided that a statutory inquiry under section 42 of the Garda Síochana Act would be a more effective instrument for such an inquiry. This fact was communicated to the family on 14 June.

The advantage of a statutory inquiry under section 42 is that it provides a legislative framework in terms of the powers available to the person appointed to carry out the inquiry. These include the power to inquire into any aspect of the administration, operation, practice, procedure or conduct of the Garda Síochána. Given the nature of the complaints made by the family of the person referred to by the Deputy as to the Garda investigation of this person's death these powers are particularly appropriate. Other powers granted to the inquiry include the power to compel any person in possession of information relevant to the inquiry to provide it; and the power to require the attendance of any person before the inquiry. These powers are supported by statutory recourse to the High Court in certain circumstances.

I am currently consulting with the Attorney General about the terms of reference for the inquiry and I will be in further contact with the family about the matter.

North-South Ministerial Council

Questions (67)

Peter Fitzpatrick

Question:

67. Deputy Peter Fitzpatrick asked the Taoiseach if the meeting of the North-South Ministerial Council has been rearranged after the 10 June 2016 meeting was cancelled; if the issue of the proposed Narrow Water Bridge project can be raised as a priority; and if he will make a statement on the matter. [17633/16]

Written answers

The Taoiseach

In December 2015, the NSMC agreed that the next meeting would be held in June 2016 in Dublin. However, due to scheduling issues it did not proceed as initially planned. Both sides are currently considering alternative dates.

Narrow Water Bridge:

Under "A Fresh Start - Stormont House Agreement" the Northern Ireland Executive and the Irish Government have agreed to undertake a review of the Narrow Water Bridge project with a view to identifying options for its future development, for consideration by the North South Ministerial Council next month. Discussions at official level have taken place between Northern Ireland Executive/Irish Government officials and a report has been prepared for consideration at the next NSMC.

The Government is committed to the concept of the Narrow Water Bridge which has the potential to provide jobs and a significant boost to tourism in the surrounding area.